Qld: Surgeon Patel to stand trial

AAP General News (Australia)
04-20-2009
Qld: Surgeon Patel to stand trial

By Christine Flatley

BRISBANE, April 20 AAP - Indian-born surgeon Jayant Patel has been committed to stand
trial over the manslaughter of three patients at a Queensland hospital.

The 59-year-old former director of surgery at Bundaberg Base Hospital, who was extradited
from the United States 10 months ago, did not enter a plea when he appeared in Brisbane
Magistrates Court on Monday.

Asked if he had anything to say, Patel told the court: "No, thank you, your honour".

On the final day of his committal hearing, Patel's defence counsel consented to him
standing trial on all charges.

Patel will now stand trial in the Queensland Supreme Court in Brisbane on a date to
be set on a total of 13 charges, including the manslaughter of Gerry Kemps, James Phillips
and Mervyn Morris.

His lawyers asked for a relaxation of the strict conditions he has been under since
he was first granted bail nine months ago, but magistrate Brian Hine, who presided over
the original bail hearing, ordered the strict reporting and $20,000 surety conditions
remain.

Today's committal decision was met with joy and relief by the friends and families
of Patel's alleged victims.

"It was just a huge relief - it's been a long time coming," patient spokeswoman Beryl
Crosby said.

"We always had confidence it would come to this. It's still got some way to go but
this is such a milestone that all charges are going to be heard."

During the hearing, the court was told Mr Morris, 76, died in June 2003 after Patel
undertook two operations to stop bleeding in his bowel.

Witnesses have given evidence Patel incorrectly diagnosed the bleeding and unnecessarily
removed part of the colon.

The court was told Gerry Kemps died from post-operative bleeding following an oesophagectomy
performed by Patel in December 2004.

It's alleged Patel should never have operated on Mr Kemps.

The court was told he failed to stop Mr Kemps' bleeding during the initial operation
and during subsequent surgery several hours later.

Patel also performed an oesophagectomy on Mr Phillips in May 2003.

Expert witnesses have given evidence Patel was not qualified to operate on Mr Phillips,
who was extremely ill at the time.

It's also alleged the hospital was not equipped to cope with the post-operative care
of patients who had undergone complex procedures.

The trial will likely proceed next year.

AAP cf/pjo/maur/cdh

KEYWORD: PATEL WRAP (PIX AND FACTBOX AVAILABLE)

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